Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1992, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992
CHAPTER 578-S.F.No. 695
An act relating to transportation; making technical
and clarifying changes; permitting a town board by
resolution to take certain actions relating to
abandoned roads; establishing comprehensive regulation
of personal transportation service vehicles; defining
terms; providing for maximum weight per inch of tire
width; modifying axle weight limitations; allowing
commissioner of transportation to adopt rules
assessing administrative penalties for violations of
special transportation service standards; providing
for regulation of motor vehicles having a gross
vehicle weight of 10,000 pounds or more and operated
by motor carriers; requiring certain carriers to
comply with rules on driver qualifications and maximum
hours of service after August 1, 1994; applying
federal regulations on drug testing to intrastate
motor carriers; regulating transportation of hazardous
materials, substances, and waste; specifying
identification information required on power units;
authorizing small fee for motor carrier identification
stamps; regulating building movers; authorizing
release of criminal history data for purposes of
special transportation license endorsements;
appropriating money; amending Minnesota Statutes 1990,
sections 164.06; 168.011, by adding a subdivision;
169.01, subdivision 55; 169.825, subdivisions 11 and
14; 174.30, subdivision 2; 221.011, subdivisions 20,
21, 25, and by adding subdivisions; 221.021; 221.031,
subdivisions 1, 2, 2a, 3, 3a, 6, and by adding
subdivisions; 221.033, subdivisions 1, 2, and by
adding subdivisions; 221.034, subdivisions 1 and 3;
221.035, subdivisions 1, 2, and by adding a
subdivision; 221.121, subdivisions 1 and 7; 221.131,
subdivisions 1, 2, and 6; 221.161, subdivision 1;
221.60, subdivision 2; 221.605, subdivision 1; and
221.81, subdivisions 2, 4, and by adding subdivisions;
Minnesota Statutes 1991 Supplement, sections 169.781,
subdivisions 1 and 5; 169.825, subdivisions 8 and 10;
169.86, subdivision 5; 221.025; 221.091; 221.84,
subdivision 2; and 364.09; proposing coding for new
law in Minnesota Statutes, chapters 168; and 221.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1990, section 164.06, is
amended to read:
164.06 [ESTABLISH, ALTER, OR VACATE BY RESOLUTION.]
Subdivision 1. [AUTHORIZATION.] A town board, when
authorized by a vote of the electors at the annual meeting, or
at a special meeting called for that purpose, may establish or
vacate a town road by resolution, and may acquire the
right-of-way as may be necessary for the road by gift, purchase
or as provided in section 164.07. A town board may alter a town
road by resolution.
Subd. 2. [ABANDONED ROADS.] After providing notice under
section 366.01, subdivision 8, the town board may by resolution
disclaim and extinguish a town interest in a town road without
action under subdivision 1 if:
(1) the extinguishment is found by the town board to be in
the public interest;
(2) the interest is not a fee interest;
(3) the interest was established more than 25 years
earlier;
(4) the interest is not recorded or filed with the county
recorder;
(5) no road improvement has been constructed on a
right-of-way affected by the interest; and
(6) no road maintenance on a right-of-way affected by the
interest has occurred within the last 25 years.
The resolution shall be filed and recorded with the county
auditor and recorder.
Sec. 2. Minnesota Statutes 1990, section 168.011, is
amended by adding a subdivision to read:
Subd. 36. [PERSONAL TRANSPORTATION SERVICE
VEHICLE.] "Personal transportation service vehicle" is a
passenger vehicle that has a seating capacity of up to six
persons excluding the driver, or a van or station wagon with a
seating capacity of up to 12 persons excluding the driver, that
provides personal transportation service as defined in section
221.011, subdivision 33.
Sec. 3. [168.1281] [PERSONAL TRANSPORTATION SERVICE
PLATES.]
Subdivision 1. [LICENSE PLATES.] A person who operates a
personal transportation service vehicle shall apply to register
the vehicle as provided in this section. The registrar shall
issue personal transportation service plates on the applicant's
compliance with laws relating to registration and licensing of
motor vehicles and drivers, and certification by the owner that
an insurance policy meeting the requirements of subdivision 2 is
in effect for the entire period of registration. The applicant
must provide the registrar with proof that the passenger
automobile license tax and a $10 fee have been paid for each
vehicle receiving personal transportation service license plates.
The registrar shall design personal transportation service
license plates so that the plates identify the vehicle as a
personal transportation service vehicle, and clearly display the
letters "LS." Personal transportation service license plates
issued to a vehicle may not be transferred to another vehicle,
except that they may be transferred to another personal
transportation service vehicle owned by the same owner on
notification to the registrar and payment of a $5 transfer fee.
Subd. 2. [INSURANCE.] An application under subdivision 1
must include a certificate of insurance that (1) verifies that a
valid commercial insurance policy is in effect, and (2) gives
the name of the insurance company and the number of the policy.
The policy must provide stated limits of liability, exclusive of
interest and costs, with respect to each vehicle for which
coverage is granted, of (1) not less than $100,000 because of
bodily injury to one person in any one accident, (2) subject to
the limit for one person, not less than $300,000 because of
injury to two or more persons in any one accident, and (3) not
less than $100,000 because of injury to or destruction of
property. The insurance company must notify the commissioner if
the policy is canceled or if the policy no longer provides the
coverage required by this subdivision.
Subd. 3. [NOTIFICATION OF CANCELLATION.] The commissioner
shall immediately notify the commissioner of transportation if
the policy of a person required to have a permit under section
221.091 is canceled or no longer provides the coverage required
by subdivision 2.
Sec. 4. Minnesota Statutes 1990, section 169.01,
subdivision 55, is amended to read:
Subd. 55. [IMPLEMENT OF HUSBANDRY.] (a) "Implement of
husbandry" means every vehicle designed and adapted exclusively
for agricultural, horticultural, or livestock-raising operations
or for lifting or carrying an implement of husbandry and in
either case not subject to registration if used upon the
highways.
(b) A vehicle described in paragraph (a) that is not
required to be registered is an implement of husbandry without
regard to whether the vehicle is towed by an implement of
husbandry or by a registered motor vehicle.
Sec. 5. Minnesota Statutes 1991 Supplement, section
169.781, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of sections
169.781 to 169.783:
(a) "Commercial motor vehicle" means:
(1) a commercial motor vehicle as defined in section
169.01, subdivision 75, paragraph (a); and
(2) each vehicle in a combination of more than 26,000
pounds.
"Commercial motor vehicle" does not include (1) a school
bus displaying a certificate under section 169.451, (2) a bus
operated by the metropolitan transit commission created in
section 473.404 or by a local transit commission created in
chapter 458A, or (3) a motor vehicle with a gross weight of not
more than 26,000 pounds, carrying in bulk tanks a total of not
more than 200 gallons of petroleum products or liquid fertilizer
or pesticide.
(b) "Commissioner" means the commissioner of public safety.
(c) "Owner" means a person who owns, or has control, under
a lease of more than 30 days' duration, of one or more
commercial motor vehicles.
(d) "Storage semitrailer" means a semitrailer that (1) is
used exclusively to store property at a location not on a street
or highway, (2) does not contain any load when moved on a street
or highway, (3) is operated only during daylight hours, and (4)
is marked on each side of the semitrailer "storage only" in
letters at least six inches high.
(e) "Building mover vehicle" means a vehicle owned or
leased by a building mover as defined in section 221.81,
subdivision 1, paragraph (a), and used exclusively for moving
buildings.
Sec. 6. Minnesota Statutes 1991 Supplement, section
169.781, subdivision 5, is amended to read:
Subd. 5. [INSPECTION DECALS.] (a) A person inspecting a
commercial motor vehicle shall issue an inspection decal for the
vehicle if each inspected component of the vehicle complies with
federal motor carrier safety regulations. The decal must state
that in the month specified on the decal the vehicle was
inspected and each inspected component complied with federal
motor carrier safety regulations. The decal is valid for 12
months after the month specified on the decal. The
commissioners of public safety and transportation shall make
decals available, at a fee of not more than $2 for each decal,
to persons certified to perform inspections under subdivision 3,
paragraph (b).
(b) Minnesota inspection decals may be affixed only to
commercial motor vehicles bearing Minnesota-based license plates.
(c) Notwithstanding paragraph (a), a person inspecting (1)
a vehicle of less than 57,000 pounds gross vehicle weight and
registered as a farm truck, or (2) a storage semitrailer, or (3)
a building mover vehicle must issue an inspection decal to the
vehicle unless the vehicle has one or more defects that would
result in the vehicle being declared out of service under the
North American Uniform Driver, Vehicle, and Hazardous Materials
Out-of-Service Criteria issued by the federal highway
administration and the commercial motor vehicle safety
alliance. A decal issued to a vehicle described in clause
(1) or, (2), or (3) is valid for two years from the date of
issuance. A decal issued to such a vehicle must clearly
indicate that it is valid for two years from the date of
issuance.
Sec. 7. Minnesota Statutes 1991 Supplement, section
169.825, subdivision 8, is amended to read:
Subd. 8. [PNEUMATIC-TIRED VEHICLES.] No vehicle or
combination of vehicles equipped with pneumatic tires shall be
operated upon the highways of this state:
(a) Where the gross weight on any wheel exceeds 9,000
pounds, except that on designated local routes and state trunk
highways the gross weight on any single wheel shall not exceed
10,000 pounds;
(b) Where the gross weight on any single axle exceeds
18,000 pounds, except that on designated local routes and state
trunk highways the gross weight on any single axle shall not
exceed 20,000 pounds;
(c) Where the maximum wheel load:
(1) on the foremost and rearmost steering axles, exceeds
600 pounds per inch of tire width or the manufacturer's
recommended load, whichever is less; or
(2) on other axles, exceeds 500 pounds per inch of tire
width or the manufacturer's recommended load, whichever is less;
Clause (2) applies to new vehicles manufactured after
August 1, 1991, and after. For vehicles manufactured before
August 2, 1991, the maximum weight per inch of tire width is 600
pounds per inch or the manufacturer's recommended load,
whichever is less, until August 1, 1996, to all vehicles. After
July 31, 1996, clause (2) applies to all vehicles regardless of
date of manufacture.
(d) Where the gross weight on any axle of a tridem exceeds
15,000 pounds, except that for vehicles to which an additional
axle has been added prior to June 1, 1981, the maximum gross
weight on any axle of a tridem may be up to 16,000 pounds
provided the gross weight of the tridem combination does not
exceed 39,900 pounds where the first and third axles of the
tridem are spaced nine feet apart.
(e) Where the gross weight on any group of axles exceeds
the weights permitted under this section with any or all of the
interior axles disregarded and their gross weights subtracted
from the gross weight of all axles of the group under
consideration.
Sec. 8. Minnesota Statutes 1991 Supplement, section
169.825, subdivision 10, is amended to read:
Subd. 10. [GROSS WEIGHT SCHEDULE.] (a) No vehicle or
combination of vehicles equipped with pneumatic tires shall be
operated upon the highways of this state where the total gross
weight on any group of two or more consecutive axles of any
vehicle or combination of vehicles exceeds that given in the
following table for the distance between the centers of the
first and last axles of any group of two or more consecutive
axles under consideration; unless otherwise noted, the distance
between axles being measured longitudinally to the nearest even
foot, and when the measurement is a fraction of exactly one-half
foot the next largest whole number in feet shall be used, except
that when the distance between axles is more than three feet
four inches and less than three feet six inches the distance of
four feet shall be used:
Maximum gross weight in pounds on a group of
2 3 4
Distances consecutive consecutive consecutive
in feet axles of axles of axles of
between a 2-axle a 3-axle a 4-axle
centers vehicle vehicle vehicle
of fore- or of any or of any or any com-
most and vehicle or vehicle or bination of
rearmost combination combination vehicles
axles of of vehicles of vehicles having a
a group having a having a total of 4
total of 2 total of 3 or more axles
or more axles or more axles
4 34,000
5 34,000
6 34,000
7 34,000 39,000 37,000
8 34,000 39,000 38,500
8 plus 34,000 42,000
(38,000)
9 35,000 43,000
(39,000)
10 36,000 43,500 49,000
(40,000)
11 36,000 44,500 49,500
12 45,000 50,000
13 46,000 51,000
14 46,500 51,500
15 47,500 52,000
16 48,000 53,000
17 49,000 53,500
18 49,500 54,000
19 50,500 55,000
20 51,000 55,500
21 52,000 56,000
22 52,500 57,000
23 53,500 57,500
24 54,000 58,000
25 (55,000) 59,000
26 (55,500) 59,500
27 (56,500) 60,000
28 (57,000) 61,000
29 (58,000) 61,500
30 (58,500) 62,000
31 (59,500) 63,000
32 (60,000) 63,500
33 64,000
34 65,000
35 65,500
36 66,000
37 67,000
38 67,500
39 68,000
40 69,000
41 69,500
42 70,000
43 71,000
44 71,500
45 72,000
46 72,500
47 (73,500)
48 (74,000)
49 (74,500)
50 (75,500)
51 (76,000)
The maximum gross weight on a group of three consecutive
axles where the distance between centers of foremost and
rearmost axles is listed as seven feet or eight feet applies
only to vehicles manufactured before August 1, 1991.
"8 plus" refers to any distance greater than eight feet but less
than nine feet.
Maximum gross weight in pounds on a group of
5 6 7
Distances consecutive consecutive consecutive
in feet axles of a axles of axles of
between 5-axle vehicle a combination a combination
centers or any com- of vehicles of vehicles
of fore- bination of having a total having a total
most and vehicles of 6 or more of 7 or more
rearmost having a total axles axles
axles of of 5 or more
a group axles
14 57,000
15 57,500
16 58,000
17 59,000
18 59,500
19 60,000
20 60,500 66,000 72,000
21 61,500 67,000 72,500
22 62,000 67,500 73,000
23 62,500 68,000 73,500
24 63,000 68,500 74,000
25 64,000 69,000 75,000
26 64,500 70,000 75,500
27 65,000 70,500 76,000
28 65,500 71,000 76,500
29 66,500 71,500 77,000
30 67,000 72,000 77,500
31 67,500 73,000 78,500
32 68,000 73,500 79,000
33 69,000 74,000 79,500
34 69,500 74,500 80,000
35 70,000 75,000
36 70,500 76,000
37 71,500 76,500
38 72,000 77,000
39 72,500 77,500
40 73,000 78,000
41 (74,000) 79,000
42 (74,500) 79,500
43 (75,000) 80,000
44 (75,500)
45 (76,500)
46 (77,000)
47 (77,500)
48 (78,000)
49 (79,000)
50 (79,500)
51 (80,000)
The gross weights shown in parentheses in this clause are
permitted only on state trunk highways and routes designated
under section 169.832, subdivision 11.
(b) Notwithstanding any lesser weight in pounds shown in
this table but subject to the restrictions on gross vehicle
weights in clause (c), two consecutive sets of tandem axles may
carry a gross load of 34,000 pounds each and a combined gross
load of 68,000 pounds provided the overall distance between the
first and last axles of the consecutive sets of tandem axles is
36 feet or more.
(c) Notwithstanding the provisions of section 169.85, the
gross vehicle weight of all axles of a vehicle or combination of
vehicles shall not exceed:
(1) 80,000 pounds for any vehicle or combination of
vehicles on all state trunk highways as defined in section
160.02, subdivision 2, and for all routes designated under
section 169.832, subdivision 11; and
(2) 73,280 pounds for any vehicle or combination of
vehicles with five axles or less on all routes, other than state
trunk highways and routes that are designated under section
169.832, subdivision 11; and
(3) 80,000 pounds for any vehicle or combination of
vehicles with six or more axles on all routes, other than state
trunk highways and routes that are designated under section
169.832, subdivision 11.
(d) The maximum weights specified in this subdivision for
five consecutive axles shall not apply to a combination of
vehicles that includes a three axle semitrailer first registered
before August 1, 1981. All other weight limitations in this
section are applicable.
(e) The maximum weights specified in this subdivision for
five consecutive axles shall not apply to a four axle ready mix
concrete truck which was equipped with a fifth axle prior to
June 1, 1981. The maximum gross weight on four or fewer
consecutive axles of vehicles excepted by this clause shall not
exceed any maximum weight specified for four or fewer
consecutive axles in this subdivision.
Sec. 9. Minnesota Statutes 1990, section 169.825,
subdivision 11, is amended to read:
Subd. 11. [GROSS WEIGHT SEASONAL INCREASES.] (a) The
limitations provided in this section are increased:
(1) by ten percent from January 1 to March 7 each winter,
statewide;
(2) by ten percent from December 1 through December 31 each
winter in the zone bounded as follows: beginning at Pigeon
River in the northeast corner of Minnesota; thence in a
southwesterly direction along the north shore of Lake Superior
along trunk highway No. 61 to the junction with trunk highway
No. 210; thence westerly along trunk highway No. 210 to the
junction with trunk highway No. 10; thence northwesterly along
trunk highway No. 10 to the Minnesota-North Dakota border;
thence northerly along that border to the Minnesota-Canadian
Border; thence easterly along said Border to Lake Superior; and
(3) by ten percent from October 1 the beginning of harvest
to November 30 each year for the movement of sugar beets and
potatoes within an area having a 75-mile radius from the field
of harvest to the point of the first unloading. The
commissioner shall not issue permits under this clause if to do
so will result in a loss of federal highway funding to the state.
(b) The duration of a ten percent increase in load limits
is subject to limitation by order of the commissioner, subject
to implementation of springtime load restrictions, or March 7.
(c) When the ten percent increase is in effect, a permit is
required for a motor vehicle, trailer, or semitrailer
combination that has a gross weight in excess of 80,000 pounds,
an axle group weight in excess of that prescribed in subdivision
10, or a single axle weight in excess of 20,000 pounds and which
travels on interstate routes.
(d) In cases where gross weights in an amount less than
that set forth in this section are fixed, limited, or restricted
on a highway or bridge by or under another section of this
chapter, the lesser gross weight as fixed, limited, or
restricted may not be exceeded and must control instead of the
gross weights set forth in this section.
(e) Notwithstanding any other provision of this
subdivision, no vehicle may exceed a total gross vehicle weight
of 80,000 pounds on routes which have not been designated by the
commissioner under section 169.832, subdivision 11.
Sec. 10. Minnesota Statutes 1990, section 169.825,
subdivision 14, is amended to read:
Subd. 14. [VARIABLE LOAD AXLES.] A vehicle or combination
of vehicles equipped with one or more variable load axles shall
have the pressure control preset so that the weight carried on
the variable load axle may not be varied by the operator during
transport of any load. The actuating control for the axle shall
function only as an on and off switch. The provisions of this
subdivision do not apply to any farm truck registered prior to
July 1, 1981, under section 168.013, subdivision 1c, for 57,000
pounds or less or to any rear-loading refuse compactor vehicle.
This subdivision does not apply to rear-loading refuse compactor
vehicles, except that any refuse compactor vehicle having a
tridem rear axle must comply with this subdivision before being
issued a special permit under section 169.86, subdivision 5,
paragraph (h).
Sec. 11. Minnesota Statutes 1991 Supplement, section
169.86, subdivision 5, is amended to read:
Subd. 5. [FEES.] The commissioner, with respect to
highways under the commissioner's jurisdiction, may charge a fee
for each permit issued. All such fees for permits issued by the
commissioner of transportation shall be deposited in the state
treasury and credited to the trunk highway fund. Except for
those annual permits for which the permit fees are specified
elsewhere in this chapter, the fees shall be:
(a) $15 for each single trip permit.
(b) $36 for each job permit. A job permit may be issued
for like loads carried on a specific route for a period not to
exceed two months. "Like loads" means loads of the same
product, weight, and dimension.
(c) $60 for an annual permit to be issued for a period not
to exceed 12 consecutive months. Annual permits may be issued
for:
(1) refuse compactor vehicles that carry a gross weight up
to but not in excess of 22,000 pounds on a single rear axle and
not in excess of 38,000 pounds on a tandem rear axle;
(2) motor vehicles used to alleviate a temporary crisis
adversely affecting the safety or well-being of the public;
(3) (2) motor vehicles which travel on interstate highways
and carry loads authorized under subdivision 1a;
(4) (3) motor vehicles operating with gross weights
authorized under section 169.825, subdivision 11, paragraph (a),
clause (3); and
(5) (4) special pulpwood vehicles described in section
169.863.
(d) $120 for an oversize annual permit to be issued for a
period not to exceed 12 consecutive months. Annual permits may
be issued for:
(1) mobile cranes;
(2) construction equipment, machinery, and supplies;
(3) manufactured homes;
(4) farm equipment when the movement is not made according
to the provisions of section 169.80, subdivision 1, paragraphs
(a) to (f);
(5) double-deck buses;
(6) commercial boat hauling.
(e) For vehicles which have axle weights exceeding the
weight limitations of section 169.825, an additional cost added
to the fees listed above. The additional cost is equal to the
product of the distance traveled times the sum of the overweight
axle group cost factors shown in the following chart:
Overweight Axle Group Cost Factors
Weight (pounds) Cost Per Mile For Each Group Of:
exceeding Two consec- Three consec- Four consec-
weight limi- utive axles utive axles utive axles
tations on spaced within spaced within spaced with-
axles 8 feet or 9 feet or in 14 feet
less less or less
0-2,000 .100 .040 .036
2,001-4,000 .124 .050 .044
4,001-6,000 .150 .062 .050
6,001-8,000 Not permitted .078 .056
8,001-10,000 Not permitted .094 .070
10,001-12,000 Not permitted .116 .078
12,001-14,000 Not permitted .140 .094
14,001-16,000 Not permitted .168 .106
16,001-18,000 Not permitted .200 .128
18,001-20,000 Not permitted Not permitted .140
20,001-22,000 Not permitted Not permitted .168
The amounts added are rounded to the nearest cent for each
axle or axle group. The additional cost does not apply to
paragraph (c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum
permitted weight, a cost-per-mile fee of 22 cents per ton, or
fraction of a ton, over the permitted maximum weight is imposed
in addition to the normal permit fee. Miles must be calculated
based on the distance already traveled in the state plus the
distance from the point of detection to a transportation loading
site or unloading site within the state or to the point of exit
from the state.
(f) As an alternative to paragraph (e), an annual permit
may be issued for overweight, or oversize and overweight,
construction equipment, machinery, and supplies. The fees for
the permit are as follows:
Gross Weight (pounds) of vehicle Annual Permit Fee
90,000 or less $200
90,001 - 100,000 $300
100,001 - 110,000 $400
110,001 - 120,000 $500
120,001 - 130,000 $600
130,001 - 140,000 $700
140,001 - 145,000 $800
If the gross weight of the vehicle is more than 145,000
pounds the permit fee is determined under paragraph (e).
(g) For vehicles which exceed the width limitations set
forth in section 169.80 by more than 72 inches, an additional
cost equal to $120 added to the amount in paragraph (a) when the
permit is issued while seasonal load restrictions pursuant to
section 169.87 are in effect.
(h) $85 for an annual permit to be issued for a period not
to exceed 12 months, for refuse compactor vehicles that carry a
gross weight of not more than: 22,000 pounds on a single rear
axle; 38,000 pounds on a tandem rear axle; or, subject to
section 169.825, subdivision 14, 46,000 pounds on a tridem rear
axle. A permit issued for up to 46,000 pounds on a tridem rear
axle must limit the gross vehicle weight to not more than 62,000
pounds.
Sec. 12. Minnesota Statutes 1990, section 174.30,
subdivision 2, is amended to read:
Subd. 2. [AUTHORITY TO ADOPT; PURPOSE AND CONTENT;
RULEMAKING.] The commissioner of transportation shall adopt by
rule standards for the operation of vehicles used to provide
special transportation service which are reasonably necessary to
protect the health and safety of individuals using that
service. The commissioner, as far as practicable, consistent
with the purpose of the standards, shall avoid adoption of
standards that unduly restrict any public or private entity or
person from providing special transportation service because of
the administrative or other cost of compliance.
Standards adopted under this section must include but are
not limited to:
(a) Qualifications of drivers and attendants, including
driver training requirements that must be met before a driver
provides special transportation;
(b) Safety of vehicles and necessary safety equipment;
(c) General requirements concerning inspection and
maintenance of vehicles, replacement vehicles, standard vehicle
equipment, and specialized equipment necessary to ensure vehicle
usability and safety for disabled persons; and
(d) Minimum insurance requirements; and
(e) Assessment of administrative penalties for violations.
The commissioner shall consult with the council on
disability before making a decision on a variance from the
standards.
Sec. 13. Minnesota Statutes 1990, section 221.011,
subdivision 20, is amended to read:
Subd. 20. "Charter" means the agreement whereby the owner
of a motor bus vehicle lets the same to a group of persons as
one party for a specified sum and for a specified act of
transportation at a specified time.
Sec. 14. Minnesota Statutes 1990, section 221.011,
subdivision 21, is amended to read:
Subd. 21. "Charter carrier" means a person who engages in
the business of transporting the public by motor buses vehicle
under charter. The term "charter carrier" does not include
regular route common carriers of passengers and, school buses
described in section 221.025, clause (a), or persons providing
limousine service described in section 221.84.
Sec. 15. Minnesota Statutes 1990, section 221.011,
subdivision 25, is amended to read:
Subd. 25. "Courier services carrier" means any person who
offers expedited door-to-door transportation of packages and
articles less than 100 pounds in weight in vehicles a vehicle
with a registered gross vehicle weight and gross vehicle weight
rating not exceeding of 15,000 pounds or less.
Sec. 16. Minnesota Statutes 1990, section 221.011, is
amended by adding a subdivision to read:
Subd. 33. "Gross vehicle weight" has the meaning given it
in section 169.01, subdivision 46.
Sec. 17. Minnesota Statutes 1990, section 221.011, is
amended by adding a subdivision to read:
Subd. 34. [PERSONAL TRANSPORTATION SERVICE.] "Personal
transportation service" means service that:
(1) is not provided on a regular route;
(2) is provided in a personal transportation service
vehicle as defined in section 168.011, subdivision 36;
(3) is not metered for the purpose of determining fares;
(4) provides prearranged pickup of passengers;
(5) charges more than a taxicab fare for a comparable trip.
Sec. 18. Minnesota Statutes 1990, section 221.021, is
amended to read:
221.021 [OPERATION CERTIFICATE OR PERMIT REQUIRED.]
No person shall may operate as a motor carrier or advertise
or otherwise hold out as a motor carrier without a certificate
or permit in full force and effect. A certificate or permit may
be suspended or revoked upon conviction of violating a provision
of sections 221.011 to 221.296 or an order or rule of the
commissioner or board governing the operation of motor carriers,
and upon a finding by the court that the violation was willful.
The board may, for good cause after a hearing, suspend or revoke
a certificate or permit for a violation of a provision of
sections 221.011 to 221.296 or an order issued or rule of
adopted by the commissioner or board issued under this chapter.
Sec. 19. Minnesota Statutes 1991 Supplement, section
221.025, is amended to read:
221.025 [EXEMPTIONS.]
Except as provided in sections 221.031 and 221.033, The
provisions of this chapter requiring a certificate or permit to
operate as a motor carrier do not apply to the intrastate
transportation described below:
(a) the transportation of students to or from school or
school activities in a school bus inspected and certified under
section 169.451;
(b) the transportation of rubbish as defined in section
443.27 solid waste, as defined in section 116.06, subdivision
10, including recyclable materials and waste tires, except that
the term "hazardous waste" has the meaning given it in section
221.011, subdivision 31;
(c) a commuter van as defined in section 221.011,
subdivision 27;
(d) authorized emergency vehicles as defined in section
169.01, subdivision 5, including ambulances, and tow trucks when
picking up and transporting disabled or wrecked motor vehicles
and when carrying proper and legal warning devices;
(e) the transportation of grain samples under conditions
prescribed by the board;
(f) the delivery of agricultural lime;
(g) the transportation of dirt and sod within an area
having a 50-mile radius from the home post office of the person
performing the transportation;
(h) a person while exclusively engaged in the
transportation of sand, gravel, bituminous asphalt mix, concrete
ready mix, concrete blocks or tile and the mortar mix to be used
with the concrete blocks or tile, or crushed rock to or from the
point of loading or a place of gathering within an area having a
50-mile radius from that person's home post office or a 50-mile
radius from the site of construction or maintenance of public
roads and streets;
(i) the transportation of pulpwood, cordwood, mining
timber, poles, posts, decorator evergreens, wood chips, sawdust,
shavings, and bark from the place where the products are
produced to the point where they are to be used or shipped;
(j) a person while engaged exclusively in transporting the
transportation of fresh vegetables from farms to canneries or
viner stations, from viner stations to canneries, or from
canneries to canneries during the harvesting, canning, or
packing season, or transporting potatoes, sugar beets, wild
rice, or rutabagas from the field of production to the first
place of delivery or unloading, including a processing plant,
warehouse, or railroad siding;
(k) a person engaged in transporting the transportation of
property or freight, other than household goods and petroleum
products in bulk, entirely within the corporate limits of a city
or between contiguous cities except as provided in section
221.296;
(l) the transportation of unprocessed dairy products in
bulk within an area having a 100-mile radius from the home post
office of the person providing the transportation;
(m) a person engaged in transporting the transportation of
agricultural, horticultural, dairy, livestock, or other farm
products within an area having a 25-mile radius from the
person's home post office and the carrier may transport other
commodities within the 25-mile radius if the destination of each
haul is a farm;
(n) passenger transportation service that is not charter
service and that is under contract to and with operating
assistance from the department or the regional transit board;
and
(o) the transportation of newspapers, as defined in section
331A.01, subdivision 5, telephone books, handbills, circulars,
or pamphlets in a vehicle with a gross vehicle weight of 10,000
pounds or less.
The exemptions provided in this section apply to a person
only while the person is exclusively engaged in exempt
transportation.
Sec. 20. Minnesota Statutes 1990, section 221.031,
subdivision 1, is amended to read:
Subdivision 1. [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a)
This subdivision applies to motor carriers engaged in intrastate
commerce.
(b) The commissioner shall prescribe rules for the
operation of motor carriers, including their facilities,;
accounts,; leasing of vehicles and drivers,; service,; safe
operation of vehicles,; equipment, parts, and accessories,
maximum; hours of service of drivers,; driver
qualifications,; accident reporting,; identification of
vehicles,; installation of safety devices,; inspection, repair,
and maintenance,; and proper automatic speed regulators if, in
the opinion of the commissioner, there is a need for the rules.
(c) The commissioner shall direct the repair and
reconstruction or replacement of an inadequate or unsafe motor
carrier vehicle or facility. The commissioner may require the
construction and maintenance or furnishing of suitable and
proper freight terminals, passenger depots, waiting rooms, and
accommodations or shelters in a city in this state or at a point
on the highway traversed which the commissioner, after
investigation by the department, may deem just and proper for
the protection of passengers or property.
(d) The commissioner shall require the filing of annual and
other reports including annual accounts of motor carriers,
schedules of rates and charges, or other data by motor carriers,
regulate motor carriers in matters affecting the relationship
between them and the traveling and shipping public, and
prescribe other rules as may be necessary to carry out the
provisions of this chapter.
(e) A motor carrier having gross revenues from for-hire
transportation in a calendar year of less than $50,000 may, at
the discretion of the commissioner, be exempted from the filing
of an annual report, if instead of filing the report the motor
carrier files an affidavit, in a form as may be prescribed by
the commissioner, attesting that the motor carrier's gross
revenues did not exceed $50,000 in the previous calendar year.
Motor carrier gross revenues from for-hire transportation, for
the purposes of this subdivision only, do not include gross
revenues received from the operation of school buses as defined
in section 169.01, subdivision 6.
(f) The commissioner shall enforce sections 169.781 to
169.783.
(g) The commissioner shall make no rules relating to the
granting, limiting, or modifying of permits or certificates of
convenience and necessity, which are powers granted to the board.
(h) The board may extend the termini of a route or alter or
change the route of a regular route common carrier upon petition
and after finding that public convenience and necessity require
an extension, alteration, or change.
Sec. 21. Minnesota Statutes 1990, section 221.031,
subdivision 2, is amended to read:
Subd. 2. [PRIVATE CARRIERS.] This subdivision applies to
private carriers engaged in intrastate commerce.
(a) Private carriers operating vehicles licensed and
registered for with a gross vehicle weight of more than 12,000
10,000 pounds, shall comply with rules adopted under this
section applying to maximum for driver qualifications; hours of
service of drivers,; safe operation of vehicles,; equipment,
parts, and accessories,; leasing of vehicles or vehicles and
drivers,; and inspection, repair, and maintenance. Private
carriers not subject to the rules of the commissioner for driver
qualifications on August 1, 1992, must comply with those rules
on and after August 1, 1994.
(b) In addition to the requirements in paragraph (a),
private carriers operating vehicles licensed and registered for
a gross weight in excess of 26,000 pounds shall comply with
rules adopted under this section relating to driver
qualifications.
(c) The requirements as to driver qualifications and
maximum rules for hours of service for of drivers do not apply
to private carriers who are (1) public utilities as defined in
section 216B.02, subdivision 4; (2) cooperative electric
associations organized under chapter 308A; (3) telephone
companies as defined in section 237.01, subdivision 2; or
(4) who are engaged in the transportation of construction
materials, tools and equipment from shop to job site or job site
to job site, for use by the private carrier in the new
construction, remodeling, or repair of buildings, structures or
their appurtenances.
(d) (c) The rules for driver qualification rule
qualifications and the hours of service rules of drivers do not
apply to vehicles controlled by a farmer and operated by a
farmer or farm employee to transport agricultural products or,
farm machinery, or supplies to or from a farm if the vehicle is
not used in the operations of a motor carrier and not carrying
hazardous materials of a type or quantity that requires the
vehicle to be marked or placarded in accordance with section
221.033.
Sec. 22. Minnesota Statutes 1990, section 221.031,
subdivision 2a, is amended to read:
Subd. 2a. [AGRICULTURAL EXEMPTIONS.] (a) Notwithstanding
the provisions of subdivision 2, private carriers engaged in
intrastate commerce and operating vehicles transporting
agricultural and other farm products within an area having a
50-mile radius from the business location of the private carrier
must comply only with the commissioner's rules for driver
qualifications and safety of operations; safe operation of
vehicles; and equipment, parts, and accessories, except as
provided in paragraphs (b) and (c).
(b) A rear-end dump truck or other rear-unloading truck
while being used for hauling agricultural and other farm
products from a place of production or on-farm storage site to a
place of processing or storage, is not subject to any rule of
the commissioner requiring rear-end protection, including a
federal regulation adopted by reference.
(c) A private carrier operating a commercial motor vehicle
as defined in section 169.781, subdivision 1, must comply with
sections 169.781 to 169.783.
Sec. 23. Minnesota Statutes 1990, section 221.031, is
amended by adding a subdivision to read:
Subd. 2b. [OTHER EXEMPTIONS.] From August 1, 1992, to
August 1, 1994, the rules of the commissioner for hours of
service for drivers do not apply to a person exclusively engaged
in the transportation of asphalt cement, cementitious material,
fly ash, or sod, construction debris, and solid waste when
transported by a transfer driver, when the transportation is
provided within a radius of 100 miles from (1) the person's home
post office, or (2) a highway construction or maintenance site
where the asphalt cement, cementitious material, fly ash, or sod
is being used.
Sec. 24. Minnesota Statutes 1990, section 221.031,
subdivision 3, is amended to read:
Subd. 3. [VEHICLES OVER 12,000 10,000 POUNDS NOT EXEMPT.]
(a) This subdivision applies to vehicles persons engaged in
intrastate commerce. who operate vehicles providing
transportation described in section 221.025 which are registered
and licensed for with a gross vehicle weight in excess of 12,000
10,000 pounds, except school buses, commuter vans, and
authorized emergency vehicles,.
(b) Persons providing transportation described in section
221.025, clause (f), (j), (l), or (m), must comply with the
rules of the commissioner for safety of operations safe
operation of vehicles and for equipment, parts, and accessories.
(c) Persons providing transportation described in section
221.025, except for persons providing transportation described
in clause (f), (j), (l), or (m), must comply with the rules of
the commissioner for safe operation of vehicles; equipment,
parts, and accessories; and, after August 1, 1994, the rules of
the commissioner for driver qualifications.
Sec. 25. Minnesota Statutes 1990, section 221.031,
subdivision 3a, is amended to read:
Subd. 3a. [CONTRACTORS OR RECIPIENTS OF TRANSPORTATION
ASSISTANCE.] Notwithstanding subdivision 3, providers of
passenger transportation service under contract to and with
operating assistance from the department or the regional transit
board must comply with rules of the commissioner for driver
qualifications,; safe operation of vehicles,; equipment,
parts, and accessories, maximum; hours of service of drivers,;
inspection, repair, and maintenance,; and accident reporting.
This subdivision does not apply to (1) a local transit
commission, (2) a transit authority created by the legislature,
(3) special transportation service certified by the commissioner
under section 174.30, or (4) special transportation service
defined in section 174.29, subdivision 1, when provided by a
volunteer driver operating a private passenger vehicle defined
in section 169.01, subdivision 3a.
Sec. 26. Minnesota Statutes 1990, section 221.031, is
amended by adding a subdivision to read:
Subd. 3c. [SOLID WASTE TRANSPORTERS NOT EXEMPT.] Persons
providing transportation described in section 221.025, clause
(b), must comply with the rules of the commissioner for driver
qualifications after August 1, 1994; hours of service of
drivers; safe operation of vehicles; equipment, parts, and
accessories; and inspection, repair, and maintenance. A local
government unit, as defined in section 115A.03, subdivision 17,
shall not enact or enforce laws, ordinances, or regulations for
the operation of solid waste transporters that are inconsistent
with the rules of the commissioner.
Sec. 27. Minnesota Statutes 1990, section 221.031,
subdivision 6, is amended to read:
Subd. 6. [VEHICLE IDENTIFICATION RULE.] (a) The following
carriers shall display the carrier's name and address on the
power unit of each vehicle:
(1) motor carriers, regardless of the weight of the
vehicle;
(2) interstate and intrastate private carriers operating
vehicles licensed and registered for with a gross vehicle weight
of 12,000 10,000 pounds or more; and
(3) vehicles providing transportation described in section
221.025 which are licensed and registered for with a gross
vehicle weight of 12,000 10,000 pounds or more except those
providing transportation described in section 221.025, clauses
(a), (c), and (d).
Vehicles described in clauses (2) and (3) that are operated
by farmers or farm employees and have four or fewer axles are
not required to comply with the vehicle identification rule of
the commissioner.
(b) Vehicles subject to this subdivision must show the name
or "doing business as" name of the carrier operating the vehicle
and the city or community and state abbreviation of the state in
which the carrier maintains its principal office or in which the
vehicle is customarily based. If the carrier operates a leased
vehicle, it may show its name and the name of the lessor on the
vehicle, if the lease relationship is clearly shown. If the
name of a person other than the operating carrier appears on the
vehicle, the words "operated by" must immediately precede the
name of the carrier.
(c) The name and address must be in letters that contrast
sharply in color with the background, be readily legible during
daylight hours from a distance of 50 feet while the vehicle is
stationary, and be maintained in a manner that retains the
legibility of the markings. The name and address may be shown
by use of a removable device if that device meets the
identification and legibility requirements of this subdivision.
Sec. 28. [221.0313] [CONTROLLED SUBSTANCES TESTING AND
PROCEDURES.]
Subdivision 1. [PURPOSE; INTENT; EXEMPTION.] (a) The
purpose of this section is to adopt federal regulations
governing testing for controlled substances.
(b) The legislature intends that the adopted federal
regulations be applied:
(1) to persons who provide intrastate transportation, who
are subject to the rules of the commissioner for driver
qualifications, and who operate commercial motor vehicles, as
defined in Code of Federal Regulations, title 49, section
391.85; and
(2) in the same manner that the federal regulations apply
to interstate transportation.
(c) Intrastate carriers who are required to comply with the
adopted federal regulations are exempt from the requirements of
sections 181.950 to 181.957. This exemption applies only to the
testing of drivers.
Subd. 2. [DEFINITIONS.] For purposes of this section, the
following terms used in the federal regulations adopted in
subdivisions 4 and 5 have the meanings given them in this
subdivision:
(a) "DOT agency" means the commissioner of transportation.
(b) "DOT agency regulations" means the federal regulations
adopted in subdivisions 4 and 5.
(c) "Motor carrier" means:
(1) a motor carrier as defined in section 221.011,
subdivision 15; and
(2) a private carrier as defined in section 221.011,
subdivision 26, or a person providing transportation described
in section 221.025 when the private carrier or person:
(i) is subject to the rules of the commissioner for driver
qualifications under section 221.031; and
(ii) is operating a commercial motor vehicle.
The term "motor carrier" includes a motor carrier's agents;
officers; representatives; employees responsible for hiring,
supervising, training, assigning, or dispatching drivers; and
employees concerned with installing, inspecting, and maintaining
motor vehicle equipment or accessories. The definition of motor
carrier includes the term "employer."
Subd. 3. [APPLICABILITY.] The regulations adopted in
subdivisions 4 and 5 apply to a motor carrier providing
transportation by commercial motor vehicle in intrastate
commerce.
Subd. 4. [DRIVER QUALIFICATIONS; FEDERAL REGULATIONS
ADOPTED.] Code of Federal Regulations, title 49, sections
391.41, paragraph (c); 391.43, paragraph (a)(2); 391.81,
paragraphs (a) and (b); 391.85; 391.87; 391.89; 391.95 to
391.123; and part 391, appendix D, are incorporated by reference.
Subd. 5. [CONTROLLED SUBSTANCES TESTING; FEDERAL
REGULATIONS ADOPTED.] Code of Federal Regulations, title 49,
sections 40.1; 40.3; 40.21, paragraphs (a), (c), and (d); 40.23
to 40.39; and part 40, appendix A, are incorporated by reference.
Subd. 6. [APPLICABILITY OF OTHER TESTING PROGRAMS.] (a) If
a drug testing program established under this section is limited
to testing for the controlled substances listed in Code of
Federal Regulations, title 49, section 40.21, paragraph (a),
sections 181.950 to 181.957 do not apply.
(b) Persons subject to this section may test for drugs, in
addition to those listed in Code of Federal Regulations, title
49, section 40.21, paragraph (a), or for alcohol, only in
accordance with sections 181.950 to 181.957, and rules adopted
under those sections.
Sec. 29. Minnesota Statutes 1990, section 221.033,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] Except as provided in
subdivisions 2 and 3 to 4, no person may transport or have
transported offer or shipped accept for transportation within
the state of Minnesota a hazardous material, hazardous
substance, or hazardous waste except in compliance with United
States Code, title 49, sections 1801 to 1811 and the provisions
of Code of Federal Regulations, title 49, sections parts 171 to
199. Those provisions apply to transportation in intrastate
commerce to the same extent they apply to transportation in
interstate commerce.
Sec. 30. Minnesota Statutes 1990, section 221.033,
subdivision 2, is amended to read:
Subd. 2. [EXCEPTION EXEMPTION FOR FARMERS.] (a) This
subdivision applies to persons engaged in intrastate commerce.
(b) Farmers or their employees transporting diesel fuel,
gasoline, agricultural chemicals, or agricultural fertilizers
for use on the transporter's farm are not required to comply
with the driver qualification rules of the commissioner or with
the shipping paper requirements of the Code of Federal
Regulations, title 49, sections 172.200 and 177.817 or with
section 397.7(B) or 397.9(A) of the Federal Motor Carrier Safety
Regulations when:
(1) transporting diesel fuel or gasoline in motorized tank
truck vehicles of less than 1,500-gallon capacity owned by the
transporter, or in tanks securely mounted in other motor
vehicles with a gross vehicle weight of less than 12,000 10,000
pounds and owned by the transporter; or
(2) transporting agricultural chemicals and agricultural
fertilizers.
(b) Fertilizer and agricultural chemical retailers or their
employees are exempt from the rule of the commissioner requiring
that drivers must be at least 21 years of age when:
(1) the retailer or its employee is transporting fertilizer
or agricultural chemicals directly to a farm for on-farm use
within a radius of 50 miles of the retailer's business location;
and
(2) the driver employed by the retailer is at least 18
years of age.
Fertilizer and agricultural chemical retailers or their
employees are also exempt, during the period from April 1, 1991,
to June 1, 1991, from the commissioner's rules governing maximum
hours of service of drivers, when transporting fertilizer or
agricultural chemicals directly to a farm for on-farm use within
a radius of 50 miles of the retailer's business location.
Sec. 31. Minnesota Statutes 1990, section 221.033, is
amended by adding a subdivision to read:
Subd. 2a. [AGRICULTURALLY RELATED EXEMPTION.] (a) This
subdivision applies to persons engaged in intrastate commerce.
(b) Fertilizer and agricultural chemical retailers or their
employees are exempt from the rule of the commissioner requiring
that drivers must be at least 21 years of age when:
(1) the retailer or its employee is transporting fertilizer
or agricultural chemicals directly to a farm for on-farm use
within a radius of 50 miles of the retailer's business location;
and
(2) the driver employed by the retailer is at least 18
years of age.
(c) A fertilizer or agricultural chemical retailer, or a
driver employed by a fertilizer or agricultural chemical
retailer, is exempt from the rule of the commissioner adopting
Code of Federal Regulations, title 49, section 395.3, paragraph
(b), relating to hours of service of drivers, and section 395.8,
requiring a driver's record of duty status, while exclusively
engaged in the transportation of fertilizer or agricultural
chemicals between April 1 and July 1 of each year when:
(1) the transportation is from the retailer's place of
business directly to a farm within a 50-mile radius of the
retailer's place of business;
(2) the fertilizer or agricultural chemicals are for use on
the farm to which they are transported; and
(3) the employer maintains a daily record for each driver
showing the time a driver reports for duty, the total number of
hours a driver is on duty, and the time a driver is released
from duty.
Sec. 32. Minnesota Statutes 1990, section 221.033, is
amended by adding a subdivision to read:
Subd. 2b. [CARGO TANKS.] The leakage test requirement in
Code of Federal Regulations, title 49, section 180.407,
paragraph (h), does not apply to cargo tanks of up to 3,000
gallons capacity that transport gasoline in intrastate commerce.
Sec. 33. Minnesota Statutes 1990, section 221.034,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE REQUIRED.] At the earliest
practicable moment, each person who transports hazardous
materials, including hazardous wastes, shall give notice in
accordance with subdivision 2 after each incident that occurs
during the course of transportation including loading,
unloading, and temporary storage, in which as a direct result of
hazardous materials:
(1) a person is killed;
(2) a person receives injuries requiring hospitalization;
(3) estimated carrier or other property damage exceeds
$50,000;
(4) an evacuation of the general public occurs lasting one
or more hours;
(5) one or more major transportation arteries or facilities
are closed or shut down for one hour or more;
(6) the operational flight pattern or routine of an
aircraft is altered;
(7) fire, breakage, spillage, or suspected radioactive
contamination occurs involving shipment of radioactive material;
(5) (8) fire, breakage, spillage, or suspected
contamination occurs involving shipment of etiologic agents; or
(6) (9) a situation exists of such a nature that, in the
judgment of the carrier, it should be reported in accordance
with subdivision 2 even though it does not meet the criteria of
subdivision 1, clause (1), (2), or (3), but a continuing danger
to life exists at the scene of the incident.
Sec. 34. Minnesota Statutes 1990, section 221.034,
subdivision 3, is amended to read:
Subd. 3. [TIME LIMIT.] Each carrier who transports
hazardous materials shall report in writing in duplicate on a
form prescribed by the commissioner within 15 30 days of the
date of discovery, each incident that occurs during the course
of transportation, including loading, unloading, or temporary
storage, in which, as a direct result of the hazardous
materials, any of the circumstances set forth in subdivision 1
occurs or there has been an unintentional release of hazardous
materials from a package, including a tank, or any quantity of
hazardous waste has been discharged during transportation.
Sec. 35. Minnesota Statutes 1990, section 221.035,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIREMENT.] (a) A person may not
transport hazardous waste that is required to have a manifest
under Minnesota Rules, part 7045.0261, or is required to have
shipping papers under Minnesota Rules, part 7045.0125, without a
license issued under this section.
(b) If the applicant complies with the requirements of this
section, the commissioner shall issue the license and shall
issue a vehicle identification decal for each single unit
vehicle or trailer that the licensee will use to transport
hazardous waste. The applicant shall pay a fee of $500 for a
three-year license and an annual fee of $25 for each vehicle
identification decal. The license must be maintained at the
licensee's principal place of business. The name and address of
the licensee must be displayed on both sides of each unit of the
vehicle. The vehicle identification decal must be displayed on
the single unit vehicle or trailer to which it is assigned, as
prescribed by the commissioner, unless the vehicle carries a
trip permit under subdivision 1a. The decal is effective only
when the license is effective. The license must be renewed in
the third year following the date of the issuance of the
license. The licensee must obtain new decals each year. The
license may not be transferred to another person. All decals
issued during the year expire each year on the anniversary date
of the issuance of the license.
(c) An applicant for a license under this section, who is
not otherwise subject to section 221.141, shall file a
certificate of insurance with the commissioner as provided in
section 221.141. The certificate must state that the insurer
has issued to the applicant a policy that by endorsement
provides public liability insurance in the amount required by
Code of Federal Regulations, title 49, part 387.
(d) The commissioner may not issue a license to an
applicant or renew a license if the commissioner determines the
applicant's record of violations of federal and state motor
carrier safety and hazardous material, hazardous waste, and
hazardous substance requirements meets the standard for
suspension or revocation of a license under subdivision 3 or if
the applicant has an unsatisfactory or conditional safety rating
from the United States Department of Transportation.
(e) Before issuing or renewing a license, the commissioner
shall conduct a criminal record check of an applicant. If the
applicant is a corporation, the commissioner may conduct a
criminal record check of the applicant's owners, officers, or
controlling agents. The commissioner may also conduct a
criminal record check at any time while a person is licensed
under this section. The criminal record check must consist of
an examination of the state criminal records repository for
violations of federal and state motor carrier safety and
hazardous material, hazardous waste, and hazardous substance
statutes, regulations, or rules. The bureau of criminal
apprehension shall provide the commissioner, upon request,
conviction information it has about an applicant. The
conviction information must include convictions for violations
of section 609.671 and, when available, similar statutes or
rules of other states. An applicant's failure to cooperate with
the commissioner in conducting a criminal record check is
reasonable cause to deny an application or revoke a license.
The commissioner may not release the results of a criminal
record check to any person except the applicant.
Sec. 36. Minnesota Statutes 1990, section 221.035, is
amended by adding a subdivision to read:
Subd. 1a. [TRIP PERMIT REQUIREMENTS; FEE.] A hazardous
waste trip permit valid for ten days from the date of issue may
be issued to a person licensed under subdivision 1 who also
complies with section 221.141. The fee for a trip permit is $10.
Sec. 37. Minnesota Statutes 1990, section 221.035,
subdivision 2, is amended to read:
Subd. 2. [OPERATION REQUIREMENTS.] A vehicle operated
under a license issued under this section must be operated in
compliance with the rules of the commissioner adopted under this
chapter governing: driver qualifications; safety of safe
operation of vehicles; equipment, parts, and accessories;
inspection, repair, and maintenance; and maximum hours of
service of drivers.
Sec. 38. [221.037] [HAZARDOUS MATERIALS; INFORMATION,
INSPECTION.]
Subdivision 1. [REQUIRED TO PROVIDE INFORMATION.] A person
who generates, stores, treats, transports, disposes of, or
otherwise handles or has handled hazardous materials, hazardous
substances, or hazardous waste shall (1) give to transportation
representatives and hazardous material specialists of the
department information relating to the materials, substances, or
waste, or (2) permit them access to and copying of records
relating to the materials, substances, or waste, or both.
Subd. 2. [AUTHORITY TO INSPECT.] Transportation
representatives and hazardous material specialists of the
department have the authority to enter, at a reasonable time and
place, any vehicle, cargo tank, or other container used to
transport hazardous materials, hazardous substances, or
hazardous waste and any treatment, storage, or disposal facility
or other place where the materials, substances, or waste are or
have been generated, stored, treated, disposed of, or
transported from. They may inspect the vehicle, cargo tank, or
container and obtain from any person samples of the materials,
substances, or waste and samples of the containers or labeling
of the materials, substances, or waste for enforcing sections
221.033 to 221.036 or rules adopted under those sections. The
authority granted under this subdivision includes the right to
break and replace seals.
Sec. 39. Minnesota Statutes 1991 Supplement, section
221.091, is amended to read:
221.091 [LIMITATIONS.]
No provision in sections 221.011 to 221.291 and 221.84 to
221.85 shall authorize the use by any carrier of any public
highway in any city of the first class in violation of any
charter provision or ordinance of such city in effect January 1,
1925, unless and except as such charter provisions or ordinance
may be repealed after that date; nor shall sections 221.011 to
221.291 and 221.84 to 221.85 be construed as in any manner
taking from or curtailing the right of any city to reasonably
regulate or control the routing, parking, speed or the safety of
operation of a motor vehicle operated by any carrier under the
terms of those sections 221.011 to 221.291 and 221.84, or the
general police power of any such city over its highways; nor
shall sections 221.011 to 221.291 and 221.84 to 221.85 be
construed as abrogating any provision of the charter of any such
city requiring certain conditions to be complied with before
such carrier can use the highways of such city and such rights
and powers herein stated are hereby expressly reserved and
granted to such city; but no such city shall prohibit or deny
the use of the public highways within its territorial boundaries
by any such carrier for transportation of passengers or property
received within its boundaries to destinations beyond such
boundaries, or for transportation of passengers or property from
points beyond such boundaries to destinations within the same,
or for transportation of passengers or property from points
beyond such boundaries through such municipality to points
beyond the boundaries of such municipality, where such operation
is pursuant to a certificate of convenience and necessity issued
by the commission or to a permit issued by the commissioner
under section 221.84 or 221.85.
Sec. 40. Minnesota Statutes 1990, section 221.121,
subdivision 1, is amended to read:
Subdivision 1. [PERMIT CARRIERS.] A person desiring to
operate as a permit carrier, except as a livestock carrier, or a
local cartage carrier shall file a petition with the
commissioner specifying the kind of permit desired, the name and
address of the petitioner and the names and addresses of the
officers, if a corporation, and other information as the board
and commissioner may require. Letters of shipper support must
be filed with the petition. No person shall knowingly make a
false or misleading statement in a petition. The board, after
notice to interested parties and a hearing, shall issue the
permit upon compliance with the laws and rules relating to it,
if it finds that petitioner is fit and able to conduct the
proposed operations, that petitioner's vehicles meet the safety
standards established by the department, that the area to be
served has a need for the transportation services requested in
the petition, and that existing permit and certificated carriers
in the area to be served have failed to demonstrate that they
offer sufficient transportation services to meet fully and
adequately those needs, provided that no person who holds a
permit at the time sections 221.011 to 221.291 take effect may
be denied a renewal of the permit upon compliance with other
provisions of sections 221.011 to 221.291. A permit once
granted continues in full force and effect until abandoned or
unless suspended or revoked, subject to compliance by the permit
holder with the applicable provisions of law and the rules of
the commissioner or board governing permit carriers. No permit
may be issued to a common carrier by rail permitting the common
carrier to operate trucks for hire within this state, nor may a
common carrier by rail be permitted to own, lease, operate,
control, or have an interest in a permit carrier by truck,
either by stock ownership or otherwise, directly, indirectly,
through a holding company, or by stockholders or directors in
common, or in any other manner. Nothing in sections 221.011 to
221.291 prevents the board from issuing a permit to a common
carrier by rail authorizing the carrier to operate trucks wholly
within the limits of a municipality or within adjacent or
contiguous municipalities or a common rate point served by the
railroad and only as a service supplementary to the rail service
now established by the carriers.
Sec. 41. Minnesota Statutes 1990, section 221.121,
subdivision 7, is amended to read:
Subd. 7. [FEES.] The permit holder petitioner shall pay a
fee of $150 into the treasury of the state of Minnesota for each
kind of permit or extension of authority for which a petition is
filed under this section.
Sec. 42. Minnesota Statutes 1990, section 221.131,
subdivision 1, is amended to read:
Subdivision 1. [PERMIT RENEWAL.] Permits issued under
section 221.121 are effective for a 12-month period. Each A
permit must be renewed holder shall renew the permit annually
and each by registration of the vehicles operated under
authority of that permit as required by subdivision 2. A permit
holder shall have has one annual renewal date encompassing all
of the permits held by the holder.
Sec. 43. Minnesota Statutes 1990, section 221.131,
subdivision 2, is amended to read:
Subd. 2. [PERMIT CARRIERS; ANNUAL VEHICLE REGISTRATION.]
(a) The permit holder shall pay an annual registration fee of
$20 on each vehicle, including pickup and delivery vehicles,
operated by the holder under authority of the permit during the
12-month period or fraction of the 12-month period. Trailers
and semitrailers used by a permit holder in combination with
power units may not be counted as vehicles in the computation of
fees under this section if the permit holder pays the fees for
power units.
(b) The commissioner shall furnish a distinguishing annual
identification card for each vehicle or power unit for which a
fee has been paid. The identification card must at all times be
carried in the vehicle or power unit to which it has been
assigned. An identification card may be reassigned to another
vehicle or power unit upon application of the permit holder and
payment of a transfer fee of $10. An identification card issued
under the provisions of this section is valid only for the
period for which the permit is effective.
(c) The name and residence of the permit holder must
be stenciled or otherwise shown identified on the outside of
both doors power unit of each registered vehicle operated under
the permit. Vehicles must show the name or the "doing business
as" name of the permit holder operating the vehicle and the
community and abbreviation of the state in which the permit
holder maintains its principal office or in which the vehicle is
customarily based. If the permit holder operates a leased
vehicle, it may show its name and the name of the lessor on the
vehicle, if the lease relationship is clearly shown. If the
name of a person other than the operating permit holder appears
on the vehicle, the words "operated by" must immediately precede
the name of the permit holder. The name and address must be in
letters that contrast sharply in color with the background, be
readily legible during daylight hours from a distance of 50 feet
while the vehicle is stationary, and be maintained in a manner
that retains the legibility of the markings. The name and
address may be shown by use of a removable device if that device
meets the identification and legibility requirements of this
subdivision.
(d) A fee of $10 is charged for the replacement of an
unexpired identification card that has been lost or damaged.
Sec. 44. Minnesota Statutes 1990, section 221.131,
subdivision 6, is amended to read:
Subd. 6. [COURIER SERVICE CARRIERS; IDENTIFICATION CARDS.]
The commissioner shall issue distinct annual identification cab
cards for vehicles that provide courier service under a permit
issued by the board. A courier service identification cab card
may not be issued for a vehicle that has a registered gross
vehicle weight or gross vehicle weight rating in excess of
15,000 pounds.
Sec. 45. Minnesota Statutes 1990, section 221.161,
subdivision 1, is amended to read:
Subdivision 1. [FILING; HEARING UPON BOARD INITIATIVE.]
Every A permit carrier, including a livestock carrier but not
including a local cartage carrier, shall file and maintain with
the commissioner a tariff showing rates and charges for the
transportation of transporting persons or property. The filing
with and acceptance by the commissioner of these tariffs, in
accordance with the rules relating to the tariffs, constitutes
notice to the public and interested parties of the contents of
the tariffs. Tariffs must be prepared and filed in accordance
with the rules of the commissioner. When tariffs are filed in
accordance with the rules and accepted by the commissioner, the
filing constitutes notice to the public and interested parties
of the contents of the tariffs. The commissioner shall not
accept for filing tariffs which that are unjust and,
unreasonable or, unjustly discriminatory or, unduly preferential
or prejudicial, or otherwise in violation of the provisions of
this section or rules adopted under this section. If the
tariffs appear to be unjust or, unreasonable or, unjustly
discriminatory or, unduly preferential or prejudicial, or
otherwise in violation of this section, the board or rules
adopted under this section, after notification and investigation
by the department, the board may suspend and postpone the
effective date of the tariffs and assign the tariffs for hearing
upon notice to the permit carrier filing the proposed tariffs
and to other interested parties, including users of the service
and competitive carriers by motor vehicle and rail. At the
hearing, the burden of proof is on the permit carrier filing the
proposed tariff to sustain the validity of the proposed schedule
of rates and charges. Tariffs for the transportation
of transporting livestock are not subject to rejection,
suspension, or postponement by the board, except as provided in
subdivisions 2 and 3. The tariffs and subsequent supplements to
them or reissues of them must state the effective date, which
may not be less than ten days following the date of filing,
unless the period of time is reduced by special permission of
the commissioner.
Sec. 46. Minnesota Statutes 1990, section 221.60,
subdivision 2, is amended to read:
Subd. 2. [FORM AND FEES.] A motor carrier engaged in
interstate commerce shall register its interstate transportation
authority or exemption before February 1 of each year on a form
prescribed by the commissioner. The fee for the initial
registration is $25. The fee for each identification stamp is
$5; however, a lesser fee may be collected pursuant to a
reciprocal agreement authorized by section 221.65. In addition
to the fees required by this subdivision, a motor carrier shall
pay a service charge of 45 cents for each stamp or card issued.
Sec. 47. Minnesota Statutes 1990, section 221.605,
subdivision 1, is amended to read:
Subdivision 1. [FEDERAL REGULATIONS.] (a) Interstate
carriers and private carriers engaged in interstate commerce
shall comply with the federal motor carrier safety regulations,
Code of Federal Regulations, title 49, parts 390 to 398,; with
Code of Federal Regulations, title 49, part 40; and with the
rules of the commissioner concerning inspections, vehicle and
driver out-of-service restrictions and requirements, and
vehicle, driver, and equipment checklists. For purposes of
regulating commercial motor vehicles as defined in section
169.781, subdivision 1, the exemption provided in Code of
Federal Regulations, title 49, section 396.11, paragraph (d),
applies in Minnesota only to driveaway-towaway operations.
(b) An interstate carrier or private carrier engaged in
interstate commerce who complies with federal regulations
governing testing for controlled substances is exempt from the
requirements of sections 181.950 to 181.957 unless the carrier's
drug testing program provides for testing for controlled
substances in addition to those listed in Code of Federal
Regulations, title 49, section 40.21, paragraph (a), or for
alcohol. Persons subject to this section may test for drugs, in
addition to those listed in Code of Federal Regulations, title
49, section 40.21, paragraph (a), or for alcohol, only in
accordance with sections 181.950 to 181.957 and rules adopted
under those sections.
Sec. 48. Minnesota Statutes 1990, section 221.81,
subdivision 2, is amended to read:
Subd. 2. [LICENSE.] No person may operate as a building
mover in this state unless licensed by the commissioner. The
commissioner may inspect a building mover's vehicles or records
to determine compliance with this section.
Sec. 49. Minnesota Statutes 1990, section 221.81, is
amended by adding a subdivision to read:
Subd. 3d. [IDENTIFICATION.] (a) A building mover's name
and address must be displayed on the power unit of a vehicle
used to move buildings and on buildings being moved.
(b) Vehicles and buildings must show the name or "doing
business as" name of the license holder operating the vehicle
and the community and abbreviation of the state in which the
license holder maintains its principal office or in which the
vehicle is customarily based. If the building mover operates a
leased vehicle, it may show its name and the name of the lessor
on the vehicle, if the lease relationship is clearly shown. If
the name of a person other than the building mover appears on
the vehicle, the words "operated by" must immediately precede
the name of the building mover.
(c) The name and address must be in letters that contrast
sharply in color with the background, be readily legible during
daylight hours from a distance of 50 feet while the vehicle or
building is stationary, and be maintained in a manner that
retains the legibility of the markings. The name and address
may be shown by use of a removable device if that device meets
the identification and legibility requirements of this
subdivision.
Sec. 50. Minnesota Statutes 1990, section 221.81, is
amended by adding a subdivision to read:
Subd. 3e. [SAFETY RULES.] (a) A building mover must comply
with the rules of the commissioner for safe operation of
vehicles; equipment, parts, and accessories, except as provided
in paragraph (b); inspection, repair, and maintenance; accident
reporting; and, on and after August 1, 1994, driver
qualifications.
(b) A towed vehicle, other than a full trailer, pole
trailer, or semitrailer, as those terms are defined in Code of
Federal Regulations, title 49, section 390.5, used by a building
mover to move a building on a highway is not required to comply
with rules of the commissioner for equipment, parts, and
accessories.
Sec. 51. Minnesota Statutes 1990, section 221.81,
subdivision 4, is amended to read:
Subd. 4. [LICENSE REVOCATION, SUSPENSION, DENIAL.] The
commissioner, after notice and a hearing, may revoke, suspend,
or deny a license for:
(a) failure of the applicant or license holder to reimburse
the road authority for damage to public highways, roads,
streets, or utilities which that are not paid for by the license
holders holder's insurer;
(b) conduct of the applicant or license holders holder that
endangers the health and safety of users of the public highways,
roads, streets, or utilities;
(c) conduct of the applicant or license holder that
obstructs traffic in a manner other than as authorized in the
permit;
(d) violation of the provisions of this section; or
(e) failure to obtain or comply with required local moving
permits or permits required by section 169.86;
(f) placing or leaving a building on property without the
permission of the owner of the property or in violation of local
ordinances; or
(g) abandoning a building after it is first moved under the
road permit. For purposes of this subdivision, "abandon" means
conduct that shows that a building mover has failed to use
reasonable diligence in moving a building to the location
described in the road permit.
Sec. 52. Minnesota Statutes 1991 Supplement, section
221.84, subdivision 2, is amended to read:
Subd. 2. [PERMIT REQUIRED; RULES.] No person may operate a
for-hire limousine service without a permit from the
commissioner. The commissioner shall adopt rules governing the
issuance of permits for for-hire operation of limousines that
include:
(1) annual inspections of limousines;
(2) driver qualifications, including requiring a criminal
history check of drivers;
(3) insurance requirements in accordance with section
168.128;
(4) advertising regulation, including requiring a copy of
the permit to be carried in the limousine and use of the words
"licensed and insured";
(5) provisions for agreements with political subdivisions
for sharing enforcement costs;
(6) issuance of temporary permits and temporary permit
fees; and
(7) other requirements deemed necessary by the commissioner.
This section does not apply to limousines operated by persons
meeting the definition of private carrier in section 221.011,
subdivision 26.
Sec. 53. [221.85] [PERSONAL TRANSPORTATION SERVICE.]
Subdivision 1. [PERMIT REQUIRED; RULES.] No person may
provide personal transportation service for hire without having
obtained a personal transportation service permit from the
commissioner. The commissioner shall adopt rules governing the
issuance of permits and furnishing of personal transportation
service. The rules must provide for:
(1) annual inspections of vehicles;
(2) driver qualifications including requiring a criminal
history check of drivers;
(3) insurance requirements;
(4) advertising regulations, including requiring a copy of
the permit to be carried in the personal transportation service
vehicle and the use of the words "licensed and insured";
(5) agreements with political subdivisions for sharing
enforcement costs with the state;
(6) issuance of temporary permits and fees therefor; and
(7) other requirements the commissioner deems necessary to
carry out the purposes of this section.
Subd. 2. [PENALTIES.] The commissioner may issue an order
requiring violations of law, rules, and local ordinances that
govern the operation of personal transportation service vehicles
to be corrected and assessing monetary penalties of up to
$1,000. The commissioner may suspend or revoke a permit for
violation of applicable law and rules and, on request of a
political subdivision, may immediately suspend a permit for
multiple violations of local ordinances. The commissioner shall
immediately suspend a permit for failure to maintain required
insurance and shall not restore the permit until proof of
insurance is provided. A person whose permit is revoked or
suspended or who is assessed an administrative penalty may
appeal the commissioner's action in a contested case proceeding
under chapter 14.
Subd. 3. [PERMITS; DECALS.] (a) The commissioner shall
design a distinctive decal to be issued to permit holders under
this section. A decal is valid for one year from the date of
issuance. No person may provide personal transportation service
in a personal transportation service vehicle that does not
conspicuously display a decal issued under this subdivision.
(b) From August 1, 1992, to June 30, 1993, the fee for each
decal issued under this section is $150. On and after July 1,
1993, the fee for each decal issued under this section is $80.
The fee for each permit issued under this section is $150. The
commissioner shall deposit all fees under this subdivision in
the trunk highway fund.
Sec. 54. Minnesota Statutes 1991 Supplement, section
364.09, is amended to read:
364.09 [EXCEPTIONS.]
(a) This chapter shall does not apply to the practice of
law enforcement,; to fire protection agencies,; to eligibility
for a private detective or protective agent license,; to
eligibility for a family day care license, a family foster care
license, or a home care provider license,; to eligibility for a
license issued or renewed by the board of teaching or state
board of education,; to eligibility for school bus driver
endorsements,; to eligibility for special transportation service
endorsements; or to eligibility for juvenile corrections
employment, where the offense involved child physical or sexual
abuse or criminal sexual conduct.
(b) This chapter does not apply to a school district.
(c) Nothing in this section shall be construed to preclude
precludes the Minnesota police and peace officers training board
or the state fire marshal from recommending policies set forth
in this chapter to the attorney general for adoption in the
attorney general's discretion to apply to law enforcement or
fire protection agencies.
Sec. 55. [APPROPRIATION.]
$24,000 is appropriated to the commissioner of
transportation from the trunk highway fund for fiscal year
1993. This appropriation is for the cost of rules authorized by
this act.
Sec. 56. [TRANSITION.]
A person providing personal transportation service as
defined in section 17, in a personal transportation service
vehicle as defined in section 2, on August 1, 1992, may continue
to provide personal transportation service in the vehicle
without a permit under section 53, subdivision 1, until the
effective date of the final rules adopted by the commissioner
under that subdivision.
Sec. 57. [EFFECTIVE DATE.]
Sections 5 and 6 are effective the day following final
enactment. Sections 10 and 11 are effective July 1, 1992.
Section 28 is effective August 1, 1993.
Presented to the governor April 17, 1992
Signed by the governor April 27, 1992, 2:11 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes